Opinion
SC: 161396 COA: 343432
01-20-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Donald Wayne DAVIS, Jr., Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the April 2, 2020 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing: (1) whether he was denied his right to a public trial pursuant to U.S. Const., Am. VI, and Const. 1963, art. 1, § 20 where the Genesee Circuit Court stated that it was barring everyone, but the decedent's mother, from the courtroom for the remainder of the trial and told others in the courtroom to leave and not return; (2) whether, despite the court's statement, the courtroom remained open to the public because the courtroom door was unlocked, no sign was posted advising members of the public that the courtroom was closed, and court personnel did not prevent persons from entering the courtroom; (3) whether the appellant waived his right to a public trial; (4) whether trial counsel rendered ineffective assistance in failing to object; see Weaver v. Massachusetts , 582 U.S. ––––, 137 S.Ct. 1899, 1913, 198 L.Ed.2d 420 (2017) ; and (5) whether the trial court committed plain error entitling the appellant to a new trial. In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.
Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.